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The Constitution and Social Change Class 12 Social Change and Development in India Notes

The Indian Constitution is more than just a rulebook; it's a powerful tool for social change because it is founded on the principles of social justice. It has the flexibility to grow and adapt its meaning over time, often with the help of social movements and court interpretations.

It's important to understand the difference between law and justice.

Law is about force and obedience. It works because the power of the state enforces it.
Justice is about fairness.

The Constitution is the supreme law of India, or its "basic norm." All other laws are created according to the procedures it lays out. The government authorities who make and enforce these laws are also established by the Constitution. When disputes about laws arise, a hierarchy of courts interprets them. The Supreme Court is the highest court and the final interpreter of the Constitution.

Over the years, the Supreme Court has significantly expanded the meaning of our Fundamental Rights to promote social justice.

Example

A key example is Article 21, which guarantees the "right to life and liberty." The Supreme Court has interpreted this to mean more than just physical existence. It now includes everything needed for a life of quality and dignity, such as the right to livelihood, health, shelter, education, and a clean environment. This broader interpretation has been used to protect prisoners from torture, free bonded labourers, and ensure access to primary healthcare and education.

Note

The Supreme Court has creatively linked different parts of the Constitution to advance justice. For instance, it connected the Directive Principle of "Equal Pay for Equal Work" to the Fundamental Right to Equality (Article 14), helping many agricultural and plantation workers receive fair wages. Similarly, in 1993, the Court declared that the Right to Information is an essential part of the Right to Freedom of Speech and Expression.

Ideals of Panchayati Raj

Panchayati Raj literally means "governance by five individuals." The core idea is to create a vibrant, functioning democracy at the village, or grassroots, level. However, establishing true democracy in a society marked by deep inequalities of gender, caste, and class is a major challenge.

Historically, villages often had caste panchayats, but these were typically controlled by dominant, conservative groups and their decisions often went against democratic principles.

This issue was heavily debated when the Constitution was being drafted.

Dr. B.R. Ambedkar argued against including panchayats in the Constitution. Based on his experience, he believed that powerful local elites and upper castes were so entrenched that local self-government would only lead to more exploitation of the downtrodden.
In contrast, Mahatma Gandhiji saw local government as essential. He envisioned each village as a self-sufficient republic (gram-swarajya) managing its own affairs.

For decades, the idea remained a guiding principle but not a constitutional requirement. It was only in 1992, with the 73rd Constitutional Amendment, that grassroots democracy was formally established. This amendment gave constitutional status to Panchayati Raj Institutions (PRIs) and made them a mandatory part of governance.

The Three-Tier System of Panchayati Raj Institution

The 73rd Amendment created a structured system for local self-governance across the country.

Gram Sabha: This is the foundation of the pyramid. The Gram Sabha consists of all adult citizens in a village. It is the general body that elects the local government (the Panchayat) and holds it accountable. It is meant to be an open forum for discussing village development and ensuring that weaker sections of society are included in decision-making.
Three-Tier Structure: The amendment established a three-level system of Panchayati Raj for all states with a population over 20 lakhs.
Mandatory Elections: Elections for all local bodies must be held every five years.
Reservations: To ensure representation, the amendment provided for the reservation of seats for Scheduled Castes, Scheduled Tribes, and a one-third reservation for women.
District Planning Committee: This body was created to prepare development plans for the entire district.

Note

The reservation for women was a revolutionary step. The 73rd and 74th Amendments brought women into elected office for the first time on a massive scale, giving them real decision-making power. The very first elections after the amendment, in 1993-94, saw 800,000 women enter the political process.

Powers and Responsibilities of Panchayats

The Constitution requires state governments to give Panchayats the power and authority to function as institutions of self-government. Their responsibilities are broad and cover various aspects of village life.

Key Powers and Responsibilities:

Economic Development: Preparing plans and schemes for local economic growth.
Social Justice: Promoting schemes to enhance social justice for all residents.
Financial Powers: Levying and collecting local taxes, duties, and fees.
Governmental Functions: Assisting in the devolution of government responsibilities, especially finances, to the local level.

Specific Duties:

Social Welfare: Maintaining burial grounds, recording births and deaths, running child welfare and maternity centers, and promoting family planning.
Development Activities: Constructing roads, public buildings, wells, and schools; promoting cottage industries; and managing minor irrigation works.
Monitoring Schemes: Members of the panchayat monitor central government schemes like the Integrated Rural Development Programme (IRDP) and Integrated Child Development Scheme (ICDS).

To ensure transparency and accountability, Panchayat offices are required to display boards listing all the funds they have received and how that money has been spent. This empowers villagers with the 'right to information' to scrutinize decisions and allocations.

In some states, Nyaya Panchayats (village courts) have also been set up. They can hear minor civil and criminal cases and impose fines, though they cannot give prison sentences. They are often effective in resolving disputes and have been particularly successful in punishing men for dowry harassment and violence against women.

Panchayati Raj in Tribal Areas

Many tribal areas in India have long traditions of grassroots democracy that predate the modern state. For example, in Meghalaya, the Khasis, Jaintias, and Garos have traditional political institutions that operate at village, clan, and state levels, such as the Khasi clan council known as the 'Durbar Kur'.

Because of these existing traditional systems, many tribal areas were kept outside the provisions of the 73rd Amendment, as policymakers did not want to interfere with them.

However, sociologist Tiplut Nongbri points out that these traditional institutions are not always democratic. While tribal societies often have a strong egalitarian spirit, they are not free from social hierarchy. Nongbri notes that these institutions can be intolerant towards women's participation and that social change has distorted them, making it hard to tell what is truly "traditional."

Democratisation and Inequality

Achieving genuine democracy is extremely difficult in a society with a long history of inequality based on caste, community, and gender. The unequal social structure of rural India presents a major obstacle.

In many villages, members of marginalized groups are often excluded from meetings or not informed about the Panchayat's activities. The Gram Sabha can be controlled by a small group of wealthy, upper-caste landlords who make all the decisions about development and funding, leaving the majority of the population as silent observers.

Political Parties, Pressure Groups, and Interest Groups in Democratic Politics

In a democracy, different groups constantly seek to have their voices heard and influence the government.

Industrialists form associations like the Federation of Indian Chambers and Commerce (FICCI).
Workers form trade unions like the Indian Trade Union Congress (INTUC).
Farmers form unions like the Shetkari Sangathan.

Political Parties

A political party is an organization focused on gaining legitimate control of the government through an electoral process. Parties are based on a particular vision for society and aim to use governmental power to implement a specific program. In a democracy, political parties represent the interests of different social groups.

Interest and Pressure Groups

Interest Groups are organizations formed to pursue specific interests in the political arena. Their primary method is lobbying members of legislative bodies to influence policy.

When certain groups feel that political parties are not representing their interests, they may form pressure groups to lobby the government directly. Sometimes, political organizations that are denied power through standard means may function as movements until they gain recognition.

Example

Every year before the Union Budget is presented, the Finance Minister meets with various groups, including confederations of industrialists, trade unions, farmers' associations, and women's groups. Each group tries to persuade the government to shape the budget in a way that benefits them.

However, not all groups have the same ability to pressure the government. Some critics argue that the concept of "pressure groups" downplays the immense power that dominant social groups (based on class, caste, or gender) hold. They suggest it is more accurate to say that dominant classes control the state, though social movements and pressure groups still play a vital role in a democracy.

The Constitution and Social ChangeClass 12 Social Change and Development in India Notes

Constitutional Norms and Social Justice: Interpretation to Aid Social Justice

The Panchayati Raj and the Challenges of Rural Social Transformation